MARIO'S ULTIMATE BEACH PARTY SWEEPSTAKES 
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MARIO'S ULTIMATE BEACH PARTY SWEEPSTAKES OFFICIAL RULES
  1. Eligibility. NO PURCHASE NECESSARY TO ENTER OR WIN; PURCHASE WILL NOT INCREASE ODDS OF WINNING. SWEEPSTAKES OPEN ONLY TO RESIDENTS OF THE UNITED STATES (EXCLUDING PUERTO RICO), WHO ARE 13 OR OLDER AT THE TIME OF ENTRY. NINTENDO OF AMERICA INC. ("SPONSOR") RESERVES THE RIGHT NOT TO AWARD PRIZES TO ENTRANTS WHO FAIL TO MEET THE ELIGIBILITY REQUIREMENTS STATED IN THESE RULES. To be eligible to win a prize, entries must be completed and received by Sponsor in the format designated below. Directors, officers and employees of Sponsor and any of its affiliate companies, subsidiaries, agents, professional advisors, advertising and promotional agencies, and immediate families of each are not eligible to win any prizes. All applicable federal, state and local laws and regulations apply. Offer void where prohibited.
  2. Sweepstakes Period. The Sweepstakes period is from 7/07/02 to 7/31/02 (the "Deadline"). All entries must be received no later than the Deadline to be eligible to win a prize.
  3. How to Enter. To enter, either (a) go to www.bestbuy.com/mario or www.mariosbeachparty.com, and follow the applicable instructions for entry; or (b) send a postcard with your name, address, e-mail address, and phone number to: Attn: Best Buy Nintendo Ultimate Beach Party Sweepstakes, 4820 150th Avenue N.E., Redmond, WA 98052. By entering the Sweepstakes, you consent to being placed on a mailing list for promotional and other purposes. Limit one entry per person. Online entries that originate from any site other than to www.bestbuy.com/mario or www.mariosbeachparty.com will be disregarded.
  4. Prizes. Grand Prize: One (1) Grand Prize winner will receive a beach trip of their choice from among a list of [five possible beach trips. For a complete list of eligible beach trip packages, go to www.bestbuy.com/mario or www.mariosbeachparty.com. (Each beach trip includes round trip coach airfare for 4, round trip airport transfers, 4 nights first class hotel accommodations (one room), guided beach adventures and $500.00 cash, (approximate retail value ("ARV") $10,000.00)); 1st Prize: Five hundred (500) First Prize winners will each receive a $10 Best Buy gift card (ARV $10.00); 2nd Prize: Twenty-five hundred (2500) Second Prize winners will each receive a Nintendo T-shirt (ARV $5.00). Odds of winning a prize depend on number of eligible entries received. ALL FEDERAL, STATE AND LOCAL TAXES ASSOCIATED WITH THE RECEIPT OR USE OF ANY PRIZE ARE THE SOLE RESPONSIBILITY OF THE WINNER. All prizes will be awarded. Prizes returned as undeliverable or otherwise not claimed within 15 days after delivery of notification will be forfeited and awarded to an alternate winner. Prizes are not transferable. No substitutions or exchanges (including for cash) of any prize will be permitted, except that Sponsor reserves the right to substitute a prize of equal or greater value for any prize. Travel must be used within one (1) year from date of notification of winner. Travel not used during that period will be forfeited and an alternate winner will not be selected. Prizes won by a minor (as determined by the laws of state or province of residence) will be awarded to a parent or legal guardian on the minor's behalf. Limit one prize per household or address. All prizes are awarded "AS IS" and WITHOUT WARRANTY OF ANY KIND, express or implied, (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose).
  5. Winner Selection and Prize Award. On or about 8/2/02, the winners will be randomly selected in a random drawing from all eligible entries received by the Deadline. The winner will be notified by telephone or e-mail by 8/9/02. To claim a prize, the winner should follow the instructions contained in the prize notification. Prizes returned as undeliverable or otherwise not claimed within 14 days after delivery of notification will be forfeited and awarded to an alternate winner. Winner must provide any information Sponsor requests for tax-reporting purposes, such as social security number.
  6. Affidavit & Release. As a condition of being awarded any prize, winner (and if winner is a minor, winner's parent or legal guardian) may be required to execute and deliver to Sponsor a signed affidavit of eligibility and acceptance of these Official Rules and release of liability.
  7. Disclaimer. Sponsor, all participating sponsors and any of their respective parent companies, subsidiaries, affiliates, directors, officers, professional advisors, employees and agencies will not be responsible for: (a) any late, lost, misrouted, garbled or distorted or damaged transmissions or entries; (b) telephone, electronic, hardware, software, network, Internet, or other computer- or communications-related malfunctions or failures; (c) any Sweepstakes disruptions, injuries, losses or damages caused by events beyond the control of Sponsor; or (d) any printing or typographical errors in any materials associated with the Sweepstakes.
  8. General Release and Indemnity. BY ENTERING THE SWEEPSTAKES, YOU (AND, IF YOU ARE A MINOR, YOUR PARENTS OR LEGAL GUARDIANS) RELEASE SPONSOR, PARTICIPATING SPONSORS AND THEIR RESPECTIVE PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES AND AGENCIES (COLLECTIVELY, THE "RELEASED PARTIES") FROM ANY LIABILITY WHATSOEVER, AND WAIVE ANY AND ALL CAUSES OF ACTION RELATED TO ANY CLAIMS, COSTS, INJURIES, LOSSES, OR DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE SWEEPSTAKES OR DELIVERY, MIS-DELIVERY, ACCEPTANCE, POSSESSION, USE OF OR INABILITY TO USE ANY PRIZE (INCLUDING, WITHOUT LIMITATION, CLAIMS, COSTS, INJURIES, LOSSES AND DAMAGES RELATED TO PERSONAL INJURIES, DEATH, DAMAGE TO OR DESTRUCTION OF PROPERTY, RIGHTS OF PUBLICITY OR PRIVACY, DEFAMATION OR PORTRAYAL IN A FALSE LIGHT, WHETHER INTENTIONAL OR UNINTENTIONAL), WHETHER UNDER A THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY OR OTHER THEORY. IF YOU ARE A MINOR, YOUR PARENTS OR LEGAL GUARDIANS FURTHER AGREE TO INDEMNIFY EACH OF THE RELEASED PARTIES FROM ANY CLAIMS, COSTS, INJURIES, LOSSES, OR DAMAGES DESCRIBED IN THE PRECEDING PARAGRAPH WHICH MAY BE SUFFERED BY YOU.
  9. Use of Winner's Name, Likeness, etc. Except where prohibited by law, entry into the Sweepstakes constitutes permission to use the winner's name, address, likeness and/or prize information, without limitation, for promotional purposes without further permission or compensation. As a condition of being awarded any prize, except where prohibited by law, winners may be required to execute a consent to the use of their name, address, likeness and/or prize information, without limitation, for promotional purposes without further permission or compensation.
  10. Winners List; Rules Request. For a copy of the winners list, send a stamped, self-addressed, business-size envelope after 8/9/02 and before 8/9/03 to Sponsor at the address listed below, Attn: Best Buy Mario's Ultimate Beach Party Sweepstakes, Winners List, 4820 150th Ave. NE, Redmond, WA 98052. To obtain a copy of these rules, send a stamped, self-addressed business-size envelope to Sponsor at the address listed below, Attn: Best Buy Mario's Ultimate Beach Party Sweepstakes, Rules Request, 4820 150th Ave. NE, Redmond, WA 98052. Residents of VT may omit return postage.
  11. Miscellaneous. These Official Rules will be governed, construed and interpreted under the laws of the State of Washington. Entrants agree to be bound by these Official Rules and by the decisions of Sponsor, which are final and binding in all respects. Sponsor reserves the right to change these Official Rules at any time, in its sole discretion, and to suspend or cancel the Sweepstakes or any entrant's participation in the Sweepstakes should viruses, bugs, unauthorized human intervention or other causes beyond Sponsor's control affect the administration, security or proper play of the Sweepstakes or Sponsor otherwise becomes (as determined in its sole discretion) incapable of running the Sweepstakes as planned. Entrants who violate these Official Rules, tamper with the operation of the Sweepstakes or engage in any conduct that is detrimental or unfair to Sponsor, the Sweepstakes or any other entrant (in each case as determined in Sponsor's sole discretion) are subject to disqualification from entry into the Sweepstakes. Sponsor reserves the right to lock out persons whose eligibility is in question or who have been disqualified or are otherwise ineligible to enter the Sweepstakes. If you have any questions about these Official Rules or the Sweepstakes, please email them to Nintendo@noa.nintendo.com or send written questions to Nintendo of America Inc., attn: Customer Service, 4820 150th Avenue NE, Redmond, Washington 98052.
  12. Sponsor. The sponsor of the Sweepstakes is Nintendo of America Inc., Redmond, WA. The Sweepstakes and all accompanying materials are copyright 2002 by Sponsor. All rights reserved.
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